Module 3 - Laws and Legal Liability

SEARCH OF YOUR HOME Generally, to conduct a search in your home, police need a warrant for that location specifying what is being sought. There are several exceptions to this requirement, however; consult your attorney for more information. Any normal law-abiding person may have objects, records, and so forth that are not at all illegal, but may be of a sensitive, private or even embarrassing nature. Such objects may become public knowledge as a result at a search. Of perhaps greater concern, during a search the police will almost certainly observe and make note of (mentally, at least) any books, magazines or other items that may cast doubt on the justifiability of your defensive shooting. For example, the fact that you possess material relating to sniping techniques or paramilitary operations may work against you in a court of law should you face criminal or civil charges as the result of your defensive gun use. The fact that you are simply a military history buff will likely not counter the perception among some of the jury that you are a bloodthirsty, trigger-happy gun owner looking for an opportunity to apply the killing techniques you enjoy reading about. Similarly, inflammatory signs in your home or office, such as “Protected by .38 Special” or “If I Find You Here Tonight, They’ll Find You Here Tomorrow Morning” may also serve to under- mine your claim of justifiable self-defense . SUSPENSION OF GUN OWNERSHIP OR CARRY PERMITS If you have a carry permit from your state, or if your state requires a permit merely to own a firearm, you should anticipate that it will likely be suspended or revoked following your arrest for shooting your assailant, particularly if the criminal charges against you are not dropped but are pursued by prosecutors. You may have to reapply for that permit once you are cleared of all criminal charges . CRIMINAL TRIAL In some cases, the criminal charges against you may be pursued instead of dropped. This may occur whenever the police or the prosecutor has questions regarding your claim of legitimate self-defense. This might be the case, for example, if you had had a previous disagreement with the assailant you shot, or if the witness testimony or physical evidence is contradictory or ambiguous. Various areas of the country differ in their support of the right of armed self-defense. In some large cities, for example, in which both citizens and public officials have little sympathy for Second Amendment rights, you may be more likely to be put on trial for using a firearm to protect yourself than in rural areas or small towns. CIVIL SUIT Even if you are cleared of all criminal charges, you still may have to face a civil suit brought by your assailant or the assailant’s family or estate. There are differences between a criminal and civil trial. Criminal charges can only be brought by the government, and can result in incarceration, fines, property seizure and certain other sanctions. A civil suit can be brought by anyone,and results only in the awarding of money or other non-incarceration relief, such as an order restricting your interaction with the plaintiff. Another important difference between a criminal and civil suit lies in the standard used to deter- mine the outcome of a trial. In a criminal case, the jury (or judge) must be convinced by the evidence beyond a reasonable doubt. In a civil case, however, judgment is made for the plaintiff or defendant based upon a preponderance of the evidence. The standard is much higher in a criminal case than a civil case because the potential sanctions of a criminal conviction, such as lengthy incarceration or even the death penalty, are much more severe than the mere money award that is typical in a civil case. If you use your firearm in self-defense and are later tried and found not guilty of any criminal charge, you should understand that such a verdict does not preclude a civil proceeding against you. Regard- less of the outcome of a criminal trial, you may be subject to liability in a civil action.